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19-1101 Friday “Daily Bugle'”

19-1101 Friday “Daily Bugle”

Friday, 1 November 2019

TOPThe Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, DOE/NRC, Customs, NISPOM, EAR, FACR/OFAC, FAR/DFARS, FTR/AES, HTSUS, and ITAR), plus news and events. Subscribe here. Contact us for advertising  

inquiries and rates. 

  1. President Continues National Emergency with Respect to Sudan
  2. USTR Requests Comments Concerning Renewal of the Collection of Information Titled ‘301 Exclusion Requests’
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. DoD/DSCA Posts Multiple Policy Memos of Interest: 19-40, 19-46, 19-47, 19-49, and 19-51
  4. State/DDTC: (No new postings.)
  5. Treasury/OFAC Issues Amended Ukraine-related General Licenses
  6. Singapore Customs Announces TradeNet Extended Downtime on 17 Nov 2019 from 4am to 12pm
  1. GTR: “Combing Through Air Cargo: 78% List Automation as a “High Priority” for Sanctions Screening”
  2. STRI: “CISSM, STRI Awarded $900K Contract to Investigate Governance Options for Emerging Technologies and WMD”
  1. D. Noah: “Five Things Every Exporter Should Worry About”
  2. N. Nagarajan & C.J. Greer: “Opening Day for Section 301 List 4 Exclusion Process”
  3. S. Olson: “Trade Tensions Rise on Dual Use Technologies, Trade Protectionism and Geopolitical Risk”
  1. ECTI Presents U.S. Export Control (ITAR/EAR/OFAC) Seminar Series in Miami 9-12 December
  2. FCC Presents “The ABC of FMS”, 28 Nov in Bruchem, the Netherlands
  3. List of Approaching Events: 123 Events Posted This Week, Including 24 New Events
  1. Bartlett’s Unfamiliar Quotations
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (5 Apr 2019), DOC/EAR (9 Oct 2019), DOC/FTR (24 Apr 2018), DOD/NISPOM (18 May 2016), DOE/AFAEC (23 Feb 2015), DOE/EINEM (20 Nov 2018), DOJ/ATF (14 Mar 2019), DOS/ITAR (30 Aug 2019), DOT/FACR/OFAC (9 Sep 2019), HTSUS (3 Sep 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1.
President Continues National Emergency with Respect to Sudan

 
84 FR 59285: Notice of October 31, 2019 – Continuation of the National Emergency with Respect to Sudan
 
Continuation of the National Emergency with Respect to Sudan
 
On November 3, 1997, by Executive Order 13067, the President declared a national emergency with respect to Sudan pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) and took related steps to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the actions and policies of the Government of Sudan. On April 26, 2006, by Executive Order 13400, the President determined that the conflict in Sudan’s Darfur region posed an unusual and extraordinary threat to the national security and foreign policy of the United States, expanded the scope of the national emergency declared in Executive Order 13067, and ordered the blocking of property of certain persons connected to the Darfur region. On October 13, 2006, by Executive Order 13412, the President took additional steps with respect to the national emergency declared in Executive Order 13067 and expanded in Executive Order 13400. In Executive Order 13412, the President also took steps to implement the Darfur Peace and Accountability Act of 2006 (Public Law 109-344).
 
On January 13, 2017, by Executive Order 13761, the President found that positive efforts by the Government of Sudan between July 2016 and January 2017 improved certain conditions that Executive Orders 13067 and 13412 were intended to address. Given these developments, and in order to encourage the Government of Sudan to sustain and enhance these efforts, section 1 of Executive Order 13761 provided that sections 1 and 2 of Executive Order 13067 and the entirety of Executive Order 13412 would be revoked as of July 12, 2017, provided that the criteria in section 12(b) of Executive Order 13761 had been met.
 
On July 11, 2017, by Executive Order 13804, I amended Executive Order 13761, extending until October 12, 2017, the effective date in section 1 of Executive Order 13761. On October 12, 2017, pursuant to Executive Order 13761, as amended by Executive Order 13804, sections 1 and 2 of Executive Order 13067 and the entirety of Executive Order 13412 were revoked.
 
Despite recent positive developments, the crisis constituted by the actions and policies of the Government of Sudan that led to the declaration of a national emergency in Executive Order 13067 of November 3, 1997; the expansion of that emergency in Executive Order 13400 of April 26, 2006; and with respect to which additional steps were taken in Executive Order 13412 of October 13, 2006, Executive Order 13761 of January 13, 2017, and Executive Order 13804 of July 11, 2017, has not been resolved. These actions and policies continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. I have, therefore, determined that it is necessary to continue the national emergency declared in Executive Order 13067, as expanded by Executive Order 13400, with respect to Sudan.

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EXIM_a2

2.
USTR Requests Comments Concerning Renewal of the Collection of Information Titled “301 Exclusion Requests”

(Source:
Federal Register, 1 Nov 2019.) [Excerpts.]
 
84 FR 58802-58815: Agency Information Collection Activities; Request for the Office of Management and Budget to Approve Renewal of the Collection of Information Titled `301 Exclusion Requests’
* AGENCY: Office of the United States Trade Representative.
* ACTION: 30-day notice with a request for comments.
* SUMMARY: The Office of the United States Trade Representative (USTR) is submitting a request to the Office of Management and Budget (OMB) to renew approval for three years of an existing information collection request (ICR) titled 301 Exclusion Requests under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations.
* DATES: Submit comments no later than December 2, 2019.
* ADDRESSES: Submit comments about the ICR, including the title 301 Exclusion Requests, to the Office of Information and Regulatory Affairs at OMB, at oira_submissions@omb.eop.gov, or 725 Seventeenth Street NW, Washington DC 20503, Attention: USTR Desk Officer.
* FOR FURTHER INFORMATION CONTACT: USTR Assistant General Counsels Philip Butler or Benjamin Allen at (202) 395-5725.
* SUPPLEMENTARY INFORMATION:
 
A. Comments
 
Submit written comments and suggestions to OMB addressing one or more of the following four points:
   (1) Whether the ICR is necessary for the proper performance of USTR’s functions, including whether the information will have practical utility.
   (2) The accuracy of USTR’s estimate of the burden of the ICR, including the validity of the methodology and assumptions used.
   (3) Ways to enhance the quality, utility, and clarity of the ICR.
   (4) Ways to minimize the burden of the ICR on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
 
B. Overview of This Information Collection
* Title: 301 Exclusion Requests.
– OMB Control Number: 0350-0015, which expires on December 31, 2019.
– Form Number(s): 301 Exclusion Request/Response/Reply Form; Exclusion Extension Comment Form.
– Description: Following a comprehensive investigation, the U.S. Trade Representative determined that the Government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation were actionable under section 301(b) of the Trade Act of 1974 (19 U.S.C. 2411(b)). The U.S. Trade Representative determined that appropriate action to obtain the elimination of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation included the imposition of additional ad valorem duties on products from China classified in certain enumerated subheadings of the Harmonized Tariff Schedule of the United States (HTSUS). …
 
On May 15, 2019, USTR submitted a request to OMB for emergency processing of this ICR. OMB approved the emergency processing request on June 20, 2019, and assigned Control Number 0350-0015, which expires on December 31, 2019.
   On June 24, 2019 (84 FR 29576), the U.S. Trade Representative established a process by which U.S. stakeholders could request the exclusion of particular products classified within a covered tariff subheading from the additional duties that went into effect as a result of this Section 301 investigation.
   On June 30, 2019, USTR opened an electronic portal for submission of exclusion requests–http://exclusions.ustr.gov–using the approved ICR. Requests for exclusion have to identify a particular product and provide supporting data and the rationale for the requested exclusion. Within 14 days after USTR posts a request for exclusion, interested persons can provide a response with the reasons they support or oppose the request. Interested persons can reply to the response within 7 days after it is posted.
   On August 22, 2019, USTR requested comments regarding its intent to seek a three-year renewal of the OMB control number for this ICR. See 84 FR 43853. As discussed further below, USTR received three submissions in response to the notice.
   USTR also anticipates using the ICR to establish a process by which U.S. stakeholders can request and comment on the extension of particular exclusions granted under the December 2018 product exclusion notice.
   As indicated above, USTR received three comments regarding the renewal of the ICR. Two comments requested that USTR add additional questions to the ICR; two comments requested the addition of clarifying language to certain questions; one comment identified a question as burdensome; one comment suggested improvements to the user experience for submitting the ICR through the online 301 exclusions portal; and one comment concerned the burden estimate.
   USTR is revising the USTR after considering these comments and USTR’s experience to date in administering the exclusion process. USTR added a new question (question 3) that asks if the product is subject to an antidumping or countervailing duty order issued by the U.S. Department of Commerce. USTR also added additional clarifying language to question 4, indicating that requestors, if necessary, may provide a range of unit values when describing the product at issue. In addition, USTR updates the 301 portal to reduce the burden on submitters and currently is working to improve the user experience by increasing the character limit for certain fields to allow requestors additional space for their comments.
   USTR also has created a condensed version of the ICR–the Exclusion Extension Comment Form (Annex B)–that interested parties will use to comment on whether to extend particular exclusions granted in December 2018. The condensed ICR reduces the number of data points in the 301 Exclusion Request/Response/Reply Form (Annex A).
   The condensed ICR is comprised of Part A, which collects information that USTR will post for public inspection via regulations.gov, and Part B, which collects business confidential information (BCI) via email and will not be publicly available. The condensed ICR updates the collecting period for specific data to the most recent relevant period (i.e., 2018, the first half of 2018, and the first half of 2019 or since 2018).
   Part A includes language clarifying that for questions 4 and 5 commenters should “include information concerning any changes in the global supply chain since July 2018 with respect to the particular product.” The condensed ICR includes three new questions in Part A. Question 2 asks commenters to provide information necessary to identify the exclusion at issue, including the date of the Federal Register notice containing the exclusion, the 10-digit subheading of the HTSUS applicable to the exclusion, and the full article description for the exclusion. Question 3 asks commenters whether they support extending the exclusion and asks that they provide a public version of their rationale. Question 6 asks commenters whether they will submit Part B of the questionnaire.
   Part B adds two new questions, asking commenters to discuss whether Chinese suppliers have lowered their prices for products covered by the exclusion following the imposition of the duties and to provide any additional information in support of their comments taking into account the instructions provided in the Federal Register notice.
   The revised ICR is included as Annex A to this notice. The condensed ICR for exclusion extension comments is included as Annex B. …

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OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled
for Publication in Future Federal Register Editions

(Source: Federal Register, 1 Nov 2019.)
 

[No items of interest noted today.]


back to top
 

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OGS_a24
. Commerce/BIS: (No new postings.)

(Source:
Commerce/BIS) 

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OGS_a35.
DoD/DSCA Posts Multiple Policy Memos of Interest: 19-40, 19-46, 19-47, 19-49, and 19-51
(Source:
DoD/DSCA, 1 Nov 2019.)
 
 
Effective immediately, all Foreign Military Sales (FMS) partners with Special Bill Arrangements (SBAs) will see the following statement (see text in the polciy memo) on Letters of Offer and Acceptance (LOAs) that are billed in accordance with a SBA instead of the standard DD645 issued by the Defense Finance and Accounting Service (DFAS).
 
 
Effective immediately, Program Code “BS” is assigned to track FY 2020 Afghanistan Security Forces Fund (ASFF) funds that are available to provide assistance to the security forces of Afghanistan. Funds are provided under Division A of the Continuing Appropriations, 2020, and Health Extenders Act of 2019 (P.L. 116-59) and will remain available for obligation until November 21, 2019.
 
 
 
Effective immediately, the following program codes are assigned to track FY 2020/2021 funds authorized under section 1236 of the National Defense Authorization Act (NDAA) for FY 2015 (Public Law (P.L. 113-291), as amended by section 1222 of the NDAA for FY 2018 (P.L. 115-91) and section 1233 of the NDAA for FY 2019 (P.L. 115-232):
 
– “CK” is assigned to track FY 2020/2021 CTEF programs for Iraq ( Available for new obligations until November 21, 2019)
– “CL” is assigned to track FY 2020/2021 CTEF programs in Syria ( Available for new obligations until November 21, 2019)
 
 
 
Effective immediately, Program Code “CQ” is assigned to track FY 2019/2020 funds provided to conduct or support programs utilizing the authority provided by section 1263 of the FY 2016 National Defense Authorization Act (NDAA) (Public Law (P.L.) 114-92), as amended by section 1289 of the NDAA for FY 2017 (P.L. 114-328) and section 1252 of the NDAA for FY 2019 (P.L. 115-232) re-designating the authority as “the Indo-Pacific Maritime Security Initiative” (MSI)). Funds are provided under Division A of the Continuing Appropriations, 2020, and Health Extenders Act of 2019 (P.L. 116-59) and will remain available for obligation until November 21, 2019.
 
 
 
Effective immediately, the following program codes are assigned to track programs executed pursuant to Section 1250 of the National Defense Authorization Act for FY 2016 (P.L. 114-92) as amended:
 
– “CP” is assigned to track FY 2019/2020 OCO/GWOT funds ( Available for new obligations until September 30, 2020)
– “DL” is assigned to track FY 2020 O&M funds ( Available for new obligations until November 21, 2019)
 

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OGS_a36
State/DDTC: (No new postings.)
(Source:
State/DDTC)

* * * * * * * * * * * * * * * * * * * *

OGS_a57.
Treasury/OFAC Issues Amended Ukraine-related General Licenses

(Source: Treasury/OFAC, 1 Nov 2019.)
 

Today OFAC extended the expiration date of two general licenses related to GAZ Group by issuing
Ukraine-related General License No. 13M – Authorizing Certain Transactions Necessary to Divest or Transfer Debt, Equity, or Other Holdings in Certain Blocked Persons, and
Ukraine-related General License No. 15G – Authorizing Certain Activities Necessary to Maintenance or Wind Down of Operations or Existing Contracts with GAZ Group, and Certain Automotive Safety and Environmental Activities.
 
In addition, General License No. 15G includes an expanded authorization for certain safety-related activity and a new authorization for certain activities to comply with environmental regulatory requirements.

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OGS_a68.
Singapore Customs Announces TradeNet Extended Downtime on 17 Nov 2019 From 4am to 12pm
 
Singapore Customs has released the following document(s) on its website:
 
Notices

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COMNEWS

(Source: Global Trade Review, 31 Oct 2019.) [Excerpts.]
 
The vast majority of air cargo businesses rely on paper-based processes when managing trade documents. Despite this, new research reveals that cargo managers believe technology is critical to adopt, particularly for sanctions screening.
 
Nearly eight out of 10 respondents to a new survey by financial compliance software provider Accuity list automation as high priority when it comes to sanctions screening solutions. The implementation of technology to enable a risk-based approach to sanctions screening is important to comb through air cargo, particularly as sanctions issued by the US are at an all-time high – the US Treasury’s Office of Foreign Assets Control (OFAC) has filed a record US$1.3bn of penalties so far this year.
 
David Loeser, senior director of product strategy at Accuity, tells GTR that “inertia” is the main reason for cargo firms not adopting technology, despite “will” and “intent” to onboard streamlined systems.
 
The poll of 80 senior managers who work for cargo carriers or freight forwarders across the world, shows the global cargo industry is also aware of the risks of non-compliance; 72% say effectively managing sanctions risk is “somewhat” or “very” important. And the biggest threats that drive this urgency include damage to brand and reputation, fines and potential jail time for staff, and loss of import, export, or forwarding licences and landing rights. …

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NWS_a210.
STRI: “CISSM, STRI Awarded $900K Contract to Investigate Governance Options for Emerging Technologies and WMD”
(Source: Strategic Trade Resource Institute, 1 Nov 2019.)
 
The Office of the Secretary of Defense has awarded the Center for International and Security Studies at Maryland (CISSM) and the Strategic Trade Research Institute (STRI) a contract to investigate the implications of emerging technologies and WMD generally, and the specific implications for governance mechanisms, policies, and strategies at the intersection of the two areas. 
 
The $900,000, 2-year contract will contribute to policy development by examining the implications of select emerging technologies on strategic trade controls; by fostering the creation of networks of practice; and by conducting analytical research at the nexus of emerging technologies, strategic trade controls, arms control, nonproliferation, and counterproliferation.
“CISSM has a long track-record of conducting research on the societal impacts of dual-use technologies and developing creative policy solutions to mitigate the risks inherent in their use,” said CISSM Associate Director Jonas Siegel.  “Examining the applicability of strategic controls on specific emerging technologies will contribute to developing the means to govern their development and use.”
 
CISSM is partnering with STRI on this project to leverage the Institute’s considerable contributions to the field of strategic trade through research, network-building, publication, and training.  “STRI’s mission to build networks of research and practice in the strategic trade field underscores its commitment to be at the forefront of the most pressing challenges at the nexus of trade and security,” said STRI Director Andrea Viski. “Assessing the strategic trade implications of emerging technologies is critical in light of the rapid evolution of the global technology landscape.”
 
CISSM is a policy research center at the University of Maryland School of Public Policy focused on understanding and mitigating the risks of dual-use technology, supporting the development of innovative governance strategies, and contributing to the enrichment of human security.  STRI is an independent, international, board-governed research institute dedicated to building networks of strategic trade research and practice. STRI provides training and scholarship on export controls and sanctions to a diverse stakeholder community and publishes the Strategic Trade Review, the leading peer-reviewed journal dedicated to export controls and sanctions.

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COMCOMMENTARY

 
* Author: David Noah, Founder and President, Shipping Solutions, daven@shipsolutions.com.
 
Twenty years ago, it took some effort to become an exporter. Today, primarily due to the internet, you can market your products and services around the globe without even trying. In fact, if your company has a website, you already are!
 
But just because it may be just as easy for someone in Tunisia to order your products online as it is for a person in Topeka, it doesn’t mean you’re ready to be a successful exporter. Being an accidental exporter is easy; being a successful exporter-one who makes money, grows a business, and stays out of trouble-takes some work.
 
Here are several important tips you can use to become a successful, professional exporter with a respectable company: …

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COM_a212
.
N. Nagarajan & C.J. Greer: “Opening Day for Section 301 List 4 Exclusion Process”

(Source: Husch Blackwell, 31 Oct 2019.) [Excerpts.]
 
* Authors: Nithya Nagarajan, Esq., nithya.nagarajan@huschblackwell.com; and Camron J. Greer , Esq., Camron.Greer@huschblackwell.com; both of Husch Blackwell LLP.
 
The process for filing exclusion requests for products on the Section 301 List 4  begins today, October 31, 2019 and ends on January 31, 2020 The Office of the U.S. Trade Representative (“USTR”) published the exclusion request procedures in the Federal Register on October 24, 2019.
 
Exclusion requests can be submitted via USTR’s portal at exclusions.ustr.gov. To be eligible for an exclusion, an importer must demonstrate that (a) there is an insufficient supply from U.S. sources; (b) the additional duties have caused severe economic harm; and (c) the imported good is not identified on the “Made in China 2025” list.  Exclusion requests are specific to products imported at the HTSUS 10-digit level and any request must clearly and succinctly identify the physical characteristics such that U.S. Customs can administer the exclusion.
 
USTR originally announced on August 6, 2019, that it would institute additional tariffs of 10% on approximately $250 billion dollars of imports from China identified on List 4A, but on August 26, 2019, it announced that the tariff rate would increase to 15% due to ongoing tensions and forestalled trade negotiations. Tariffs on List 4B are scheduled to go into effect on December 15, 2019. Importers should review both List 4A and 4B to identify and ensure that goods that it is importing are properly monitored.

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COM_a313.
S. Olson: “Trade Tensions Rise on Dual Use Technologies, Trade Protectionism and Geopolitical Risk”

(Source:
Hinrich Foundation, 30 oct 2019.) [Excerpts.]
 
* Author: Stephen Olson, Hinrich Foundation, Research Fellow, inquiry@hinrichfoundation.com.
 
There has never been a time when trade policy was conducted entirely separate from broader geopolitical issues. But trade has now become deeply and inexorably intertwined with national security issues and geopolitical risk. 
 
We’ve arrived at this point through the confluence of three factors: 1) the growing usage of new dual use technologies (technologies that can be used for civilian or military applications) , 2) intensifying geopolitical issues , and 3) the failure of our existing WTO rules to provide coherent guidance on how to manage the interface between trade and security. 
While these new realities are playing out most notably in US China relations, virtually all countries will be drawn in and trade policy will need to be recalibrated to reflect these complexities.
 
Implications of dual-use technologies for trade policy
 
Dual use technologies are infusing national security strategy dimensions into a growing range of products in ways that could not have been imagined even a decade ago. 
 
The Internet of Things, 5-G technologies, AI, and smart-everything (smart cities, smart phones, smart trains, smart roads, etc.) means that seemingly mundane, everyday products now need to be assessed for their potential national security and societal implications. 
 
Drones used by a weekend hobbyist can contain technologies needed for military-use automated unmanned aerial vehicles. Wireless sensor networks which make life better in areas ranging from forest fire detection to wine cultivation can also be used by militaries to monitor enemy troop movements. Automobiles which offer the convenience of autonomous driving contain technologies that can be used to conduct battlefield operations such as supply convoys. Weather apps are dependent on satellite technologies which also have military uses such as reconnaissance and navigation. And the same technologies that make video games so realistic can be used to train highly skilled fighter pilots. …

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_114.
ECTI Presents U.S. Export Control (ITAR/EAR/OFAC
)
 
Seminar Series in Miami 9-12 December
(Source:
Jill Kincaid)
 
* What: United States Export Control (ITAR/EAR/OFAC) Seminar Series in Miami, FL
* When: ITAR Seminar: December 9-10, 2019; EAR/OFAC Seminar: December 11-12, 2019
* Where: Doubletree Ocean Point Resort and Spa by Hilton
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker Panel: Scott Gearity, Greg Creeser, Melissa Proctor, and Marc Binder
* Register
here or call Jessica Lemon, 540-433-3977.

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TE_215
. 
FCC Presents “The ABCs of FMS,” 28 Nov in Bruchem, the Netherlands
 
This training course is specifically designed for compliance professionals and those in a similar role working for government agencies or companies (temporarily) obtaining U.S. export-controlled articles and technology procured through government-to-government Foreign Military Sales (FMS), and authorized by the Arms Export Control Act (AECA) (22 U.S.C. 2751, et. seq.).
 
The course will cover multiple topics relevant for organizations outside the U.S. working with U.S. export-controlled articles and technology procured through FMS, including: the U.S. regulatory framework, with a special focus on the AECA, key concepts and definitions, and practical compliance tips to ensure the proper handling of FMS-acquired articles and technology. Participants will receive a certification upon completion of the training.
 
Details
* What: The ABC of Foreign Military Sales (FMS)
* When: Thursday, 28 Nov 2019
– Welcome and Registration: 9.00 am – 9.30 am
– Training hours: 9.30 am – 4.00 pm
* Where: Full Circle Compliance, Landgoed Groenhoven, Dorpsstraat 6, Bruchem, the Netherlands
* Information & Registration: here or contact FCC at events@fullcirclecompliance.eu or + 31 (0)23 – 844 – 9046
* This course can be followed in combination with “U.S. Export Controls: The International Traffic in Arms Regulations (ITAR) from a non-U.S. Perspective” (26 Nov 2019), and/or “U.S. Export Controls: The Export Administration Regulations (EAR) from a non-U.S. Perspective” (27 Nov 2019). Please, see the event page for our combo deals

* * * * * * * * * * * * * * * * * * * *

(Sources: Editor and Event Sponsors)

Published every Friday or last publication day of the week, o
ur overview of Approaching Events is organized to list c
ontinuously available training, training events, s
eminars & conferences, and 
webinars. 
   

 
* Date: Location; “Event Title”; <Weblink>”; EVENT SPONSOR
# = New or updated listing  

 
Continuously Available Training
 
* E-Seminars:US Export Controls” / “Defense Trade Controls“; Export Compliance Training Institute; danielle@learnexportcompliance.com 

* Webinar: ”
Company-Wide US Export Controls Awareness Program“; Export Compliance Training Institute;
danielle@learnexportcompliance.com 

* E-Seminars: “ITAR/EAR Awareness“; Export Compliance Solutions;
spalmer@exportcompliancesolutions.com

* Webinar Series: “Complying with US Export Controls“; Commerce/BIS

* E-Seminars: “Webinars On-Demand Library“; Sandler, Travis & Rosenberg, P.A.
* Online: “International Trade Webinars“; Global Training Center

* Online: “ITAR – Requirements for Government Contractors“; Williams Mullins, LLP

*
 
Online: “On-Demand Webinars“; “General Training“; Center for Development of Security Excellence; Defense Security Service (DSS)
* Online: “ACE Reports Training and User Guide“; DHS/CBP

* Online: ”
Increase Your International Sales – Webinar Archive“; U.S. Commercial Service

* Web Form: “Compliance Snapshot Assessment“; Commonwealth Trading Partners (CTP)
* Online: “
Customs Broker Exam Prep Course
“; The Exam Center
 
 
Seminars and Conferences

 

Nov 5; Baltimore, MD; “
Automated Commercial Environment (ACE) Export Compliance Seminar
“; U.S. Census Bureau

* Nov 5: London, UK; Making Better Licence Applications (MBLA); UK DIT

#
* Nov 5: Tampa, FL; “CBP Fines, Penalties, and Forfeitures“; Florida Customs Brokers & Forwarders Association Follow

* Nov 5-6: Huntsville, AL; “Complying with U.S. Export Controls“; NAITA 

* Nov 7: Huntsville, AL; “Complying with U.S. Export Controls: DDTC & ITAR“; NAITA

* Nov 7; Amsterdam, the Netherlands; “Annual International Trade & Compliance Conference“; Baker McKenzie

* Nov 8:  North Reading, MA; “Best Practices for EAR99 Exporters“; Massachusetts Export Center

* Nov 12: Leeds, UK: “Incoterms 2020“; Chamber International

* Nov 12; Washington, DC; “2019 OFAC Fall Symposium“, Treasury/OFAC

* Nov 11-13; London, United Kingdom; “International Trade Finance Training Course“; IFF

* Nov 11-14; Washington, DC; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“; ECTI

* Nov 13: Manchester, UK; “Intermediate Seminar: Strategic Export Controls“; UK DIT

* Nov 13-14; Santa Clara, CA; “2019 Year-End Review of Import/Export Developments“; Baker McKenzie  

* Nov 14: Manchester, UK; “Foundation Workshop: Strategic Export Controls“; UK DIT
* Nov 14: Manchester, UK; “Licenses Workshop: Strategic Export Controls“; UK DIT

* Nov 15:  Westborough, MA; “Deemed Export Compliance & Technology Control Plan Development“; Massachusetts Export Center

* Nov 18: London, UK; “2nd Annual Navigating Russia Sanctions Complexities“; C5

* Nov 19: Leeds, UK; “Customs Declaration Service Seminar“; Chamber International
* Nov 19: Leeds, UK; “Export Documentation & Import Procedures“; Deloitte

* Nov 19-20: London, UK; “London Forum on Economic Sanctions“; C5

* Nov 19-21: Tysons Corner, VA; “Export Controls Specialist – Certification“; Amber Road

* Nov 20-21: Washington D.C.; “Customs Compliance Industry Exchange“; ACI

*
 
Nov 20: Bristol, UK; “
Introduction to Export Procedures – Export Training
“; BusinessWest
*
 
Nov 21: Bristol, UK; “
A Foundation Course in Importing
“; BusinessWest

* Nov 26: Birmingham, UK; “
Export Control Symposium
“; UK DIT

*
 
Nov 26: Bruchem, The Netherlands; “
The International Traffic in Arms   
* 
Nov 27: Bruchem, The Netherlands; ” The Export Administration Regulations (EAR) from a non-U.S. Perspective“; Full Circle Compliance
 
*
 
Nov 27: Manchester, UK; “
US & UK Export Controls: A Basic Understanding
“; The Institute of Export and International Trade

* Nov 27: Rotterdam, the Netherlands; “Incoterms 2020“; Fenex

* Dec 2-6: Tysons Corner, VA; “Certified Classification Specialist (CCLS)“; Amber Road

* Dec 3: London, UK; “Intermediate Seminar: Strategic Export Controls“; UK DIT

* Dec 4: Leeds, UK; “Understanding Exporting“; Chamber International


* Dec 4: London, UK; “Foundation Workshop: Strategic Export Controls“; UK DIT
* Dec 4: London, UK; “Licenses Workshop: Strategic Export Controls“; UK DIT

*
Dec 4-5: Dallas, TX; “Trade Compliance Officer Training“; Globaleyes; andrewmell@getglobaleyes.com

*
 
Dec 4-5: Washington, DC; “
36th International Conference on the Foreign Corrupt Practices Act
“; American Conference Institute

#
* Dec 5: Minneapolis, MN; “Exporting Procedures Seminar“; International Business Training

* Dec 9-12; Miami, FL; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“; ECTI

* Dec 10-11: New York, NY; ” 
10th Annual New York Forum on Economic Sanctions“; American Conference Institute
#
* Dec 12: Houston, TX; “Exporting Procedures Seminar“; International Business Training
#
* Dec 12: Philadelphia, PA; “Exporting Procedures Seminar“; International Business Training

*
 Dec 12-13; Washington D.C.; “
Coping with U.S. Export Controls and Sanctions 2019
“; Practicing Law Institute
Dec 12-13: Frankfurt, Germany; ”
The Top 20 Digital Twin Implementation Ideas from Europe’s Top Companies;” Digital Twins

* Dec 13:  Boston, MA; “Export Expo“; Massachusetts Export Center

#
* Dec 14: San Diego, CA; “Exporting Procedures Seminar“; International Business Training

 
2020

 
* Jan 14: Leeds, UK; “
Export Documentation
“; Chamber International 
* Jan 20-23; San Diego, CA; “ITAR Controls / EAR & OFAC Export Controls Seminar Series“, ECTI; 540-433-3977  

* Jan 22-23: New York, NY; “AML & OFAC for the Insurance Industry“; American Conference Institute  

* Jan 23: Orlando, FL; “Customs/Import Boot Camp“; Partnering for Compliance

*
 
Jan 30-31: Houston, TX; “
14th Forum on the Foreign Corrupt Practices Act
“; 
American Conference Institute

#
* Feb 5: Las Vegas, NV; “Export Procedures Seminar“; International Business Training

* Feb 5-6; Munich, Germany; “Export Compliance in Europe Conference“; NielsonSmith

* Feb 5-6: St. Antonio, TX; “Complying with U.S. Export Controls“; Commerce/BIS

* Feb 11: “Incoterms 2020“; Chamber International

#
* Feb 12: Anaheim, CA; “Exporting Procedures Seminar“; International Business Training

* Feb 17-20; Huntsville, AL; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
, ECTI; 540-433-3977

#
* Feb 20: Charlotte, NC; “Exporting Procedures Seminar“; International Business Training

* Feb 20-21; Berlin, Germany; “
14. Exportkontrolltag
“; ZAR

* Feb 24-26; Las Vegas, NV; “Winter Back to Basics Conference“; Society for International Affairs

#
* Feb 27: Cincinnati, OH; “Exporting Procedures Seminar“; International Business Training

* Mar 2-5; Washington D.C.; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“, ECTI; 540-433-3977

* Mar 3-5; Vienna, Austria; “Lehrgang Exportkontrolle & Export Compliance“; OPWZ

* Mar 10-12:  Orlando, FL; “‘Partnering for Compliance’ Export/Import Control Training and Education Program“; Partnering for Compliance

* Mar 17-18: Orlando, FL; “Complying with U.S. Export Controls“; Commerce/BIS
* Mar 19: Orlando, FL; “How to Build an Export Compliance Program“; Commerce/BIS

#
* Mar 27: Philadelphia, PA; “Exporting Procedures Seminar“; International Business Training

* Mar 24: “Understanding Exporting & Incoterms“; Chamber International
* Mar 30-Apr 2: Orlando, FL; “ITAR Controls (Mar 30-31) / EAR & OFAC Export Controls (Apr 1-2)“; ECTI; 540-433-397 

* Apr 7-8: Washington D.C.; “6th National Conference on CFIUS & Team Telecom; ACI

* Apr 15-16: Harrisburg, PA; “Complying with U.S. Export Controls“; Commerce/BIS
* Apr 28-29: Orange County, CA; “Complying with U.S. Export Controls“; Commerce/BIS

* Apr 22-23: Washington D.C.; “Economic Sanctions Enforcement and Compliance“;
American Conference Institute

#
* Apr 23: Atlanta, GA; “Exporting Procedures Seminar“; International Business Training
#
* Apr 23: Charlotte, NC; “Exporting Procedures Seminar“; International Business Training
#
* Apr 23: Cleveland, OH; “Exporting Procedures Seminar“; International Business Training
#
* Apr 23: Minneapolis, MN; “Exporting Procedures Seminar“; International Business Training

* Apr 29-30: Washington DC; “
Economic Sanctions Enforcement and Compliance
“; American Conference Institute

#
* May 13: St. Louis, MO; “Exporting Procedures Seminar“; International Business Training
#
* May 14: Milwaukee, WI; “Exporting Procedures Seminar“; International Business Training

* May 19-20: Charleston, SC; “Complying with U.S. Export Controls“; Commerce/BIS

* May 20-21: Berlin, Germany; “Berlin Forum on Global Economic Sanctions“; C5

#
* May 21: Louisville, KY; “Exporting Procedures Seminar“; International Business Training

* May 27-28: Hong Kong, China; “Hong Kong Summit on Economic Sanctions Enforcement and Compliance“;
American Conference Institute

* Jun 9-10: Shanghai, China; “China Forum for Legal and Compliance Officers“; American Conference Institute

#
* Jun 11: San Diego, CA; “Exporting Procedures Seminar“; International Business Training

* Jun 17: London, UK; “Trade & Customs Compliance Group“; TechUK

#
* Jun 22-25: San Diego, CA; “ITAR Controls (June 22-23) / EAR & OFAC Export Controls (June 24-25)“; ECTI; 540-433-3977

#
* Jun 25: Boston, MA; “Exporting Procedures Seminar“; International Business Training

* Jul 21-22: Washington DC; “FCPA High Risks Markets“; American Conference Institute

 
Webinars 

 


* Nov 12: Webinar: “Duty Drawback and Refunds“; NCBFAA

#
* Nov 14: Webinar:
 “
Navigating the Changing Foreign Investment Regulatory Environment
“;
 
ECTI; 540-433-3977

#
* Nov 19: Webinar:
 “
Mergers, Acquisitions and Trade Compliance…Proceed at Your Own Risk!
“;
 
ECTI; 540-433-3977

* Nov 19:  Webinar; “
Using ACE Reports to Manage and Audit AES Filings
“; Massachusetts Export Center

#
* Nov 20: Webinar:
 “
Exporting to U.S. and Foreign Governments
“; ECTI; 540-433-3977

* Dec 10: Webinar: “ECCN Classification Numbers“; NCBFAA

* Dec 17: Webinar: “Managing Emerging Compliance Risks“; Baker McKenzie

 

2020
 
* Jan 14: Webinar: “Commodity Jurisdiction“; NCBFAA

Feb 18: Webinar: “Drop Shipments & Routed Transactions“; NCBFAA

* Mar 10: Webinar: “Cultural Sensitivity Program” NCBFAA

* Apr 14: Webinar: “ACE Export Reports for Compliance“; NCBFAA

* * * * * * * * * * * * * * * * * * * *

ENEDITOR’S NOTES

EN_a117. Bartlett’s Unfamiliar Quotations

(Source: Editor)
 

* Boileau
(Nicolas Boileau-Despréaux; 1 Nov 1636 – 13 Mar 1711; was a French poet and critic. He did much to reform the prevailing form of French poetry, in the same way that Blaise Pascal did to reform the prose. He was greatly influenced by Horace.)
 – “The dreadful burden of having nothing to do.”
  – “However big the fool, there is always a bigger fool to admire him.”
 
* Daniel Boone
(2 Nov 1734 – 26 Sep 1820; was an American pioneer, explorer, woodsman, and frontiersman whose frontier exploits made him one of the first folk heroes of the United States. Although he also became a businessman, soldier, and member of the Virginia General Assembly following the American Revolutionary War, Boone is famous for his exploration and settlement of what is now Kentucky. In American popular culture, Boone is still remembered as one of the foremost early frontiersmen, even if the epic mythology often overshadows the historical details of Boone’s life.)
  – “All you need for happiness is a good gun, a good horse, and a good wife.”
 
Friday funnies:
* Two hunters are out in the woods when one of them collapses. He’s not breathing and his eyes are glazed. The other guy whips out his cell phone and calls 911.  “I think my friend is dead!” he yells. “What can I do?”  The operator says, “Calm down. First, let’s make sure he’s dead.”  There’s a silence, then a shot. Back on the phone, the guy says, “OK, now what?”
 
* For his birthday, an old man’s nephews secretly hired a call girl for him. When he answered the door, she was standing there in a slinky revealing dress, and said, “Mister, I’m here to give you super sex.”  After thinking for a minute the old man replied, “Well, I guess I’ll have the soup.”

 

* * * * * * * * * * * * * * * * * * * *

EN_a218. Are Your Copies of Regulations Up to Date?

(Source: Editor)

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments to applicable regulations are listed below.
 

*
DHS CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199.  Implemented by Dep’t of Homeland Security, U.S. Customs & Border Protection.
  – Last Amendment: 5 Apr 2019:
 
5 Apr 2019: 84 FR 13499-13513: Civil Monetary Penalty Adjustments for Inflation
 

DOC EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774. Implemented by Dep’t of Commerce, Bureau of Industry & Security.
  – Last Amendment: 9 October 2019: 84 FR 54002-54009: Addition of Certain Entities to the Entity List and Revision of Entries on the Entity List

 

*
DOC FOREIGN TRADE REGULATIONS (FTR)
: 15 CFR Part 30.  Implemented by Dep’t of Commerce, U.S. Census Bureau.
  – Last Amendment: 24 Apr 2018: 
83 FR 17749-17751
: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates
  – HTS codes that are not valid for AES are available
here
.
  – The latest edition (4 Jul 2019) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR is a 152-page Word document containing all FTR amendments, FTR Letters and Notices, a large Index, and approximately 250 footnotes containing case annotations, practice tips, Census/AES guidance, and explanations of the numerous errors contained in the official text. Subscribers receive revised copies in Microsoft Word every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance 
website
.  BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR. Government employees (including military) and employees of universities are eligible for a 50% discount on both publications at 
www.FullCircleCompiance.eu
.  
 

DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM)
: DoD 5220.22-M. Implemented by Dep’t of Defense.
  – Last Amendment: 18 May 2016: 

Change 2
: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and cancelled Supp. 1 to the NISPOM (Summary 
here
.) 
 

DOE ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES
: 10 CFR Part 810; Implemented by Dep’t of Energy, National Nuclear Security Administration, under the Atomic Energy Act of 1954.
  – Last Amendment: 23 Feb 2015:

80 FR 9359
, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. This rule also identifies destinations with respect to which most assistance would be generally authorized and destinations that would require a specific authorization by the Secretary of Energy.
 

DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
; 10 CFR Part 110; Implemented by Dep’t of Energy, U.S. Nuclear Regulatory Commission, under the Atomic Energy Act of 1954.
  – Last Amendment: 20 Nov 2018, 10 CFR 110.6, Re-transfers.
 
*
DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.  Implemented by Dep’t of Justice, Bureau of Alcohol, Tobacco, Firearms & Explosives.
  – Last Amendment: 14 Mar 2019:
 
84 FR 9239-9240
: Bump-Stock-Type Devices
 

DOS INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)
: 22 C.F.R. Ch. I, Subch. M, Pts. 120-130. Implemented by Dep’t of State, Directorate of Defense Trade Controls.

  – Last Amendment: 30 Aug 2019: 84 FR 45652-45654, Adjustment of Controls for Lower Performing Radar and Continued Temporary Modification of Category XI of the United States Munitions List.  


  – The only available fully updated copy (latest edition: 30 August 2019) of the ITAR with all amendments is contained in Bartlett’s Annotated ITAR (“BITAR”), by James E. Bartlett III. The BITAR is a 371-page Word document containing all ITAR amendments to date, plus a large Index, over 800 footnotes containing amendment histories, case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text. Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment. The BITAR is available by annual subscription from the Full Circle Compliance website. BAFTR subscribers receive a $25 discount on subscriptions to the BITAR.  Please contact us to receive your discount code.
 

* DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders.
Implemented by Dep’t of Treasury, Office of Foreign Assets Control.
Last Amendment: 9 Sep 2019: 84 FR 47121-47123: Cuban Assets Control Regulations

 


USITC HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA)
, 1 Jan 2019: 19 USC 1202 Annex. Implemented by U.S. International Trade Commission. (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)

  – 
Last Amendment: 4 Sep 2019: Harmonized System Update (HSU) 1915   
  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

* * * * * * * * * * * * * * * * * * * *

EN_a319
. Weekly Highlights of the Daily Bugle Top Stories
(Source: Editor)
 

Review last week’s top Ex/Im stories in “Weekly Highlights of Daily Bugle Top Stories” posted here.

* * * * * * * * * * * * * * * * * * * *

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; and Assistant Editor, Alexander Witt. The Ex/Im Daily Update is emailed every business day to approximately 7,500 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOE/NRC, DOJ/ATF, DoD/DSS, DoD/DTSA, FAR/DFARS, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission, provided attribution is given to “The Export/Import Daily Bugle of (date)”. Any further use of contributors’ material, however, must comply with applicable copyright laws.  If you would to submit material for inclusion in the The Export/Import Daily Update (“Daily Bugle”), please find instructions here.

* CAVEAT: The contents cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.

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